Conservative Group Files Legal Challenge to DJT’s Tariffs

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New Civil Liberties Alliance, a conservative legal group, filed a lawsuit challenging the legality of Donald Trump’s latest tariffs.

NCLA asserts the tariffs improperly use emergency executive powers to take powers the Constitution assigns to Congress, not the President. NCLA is backed by Leonard Leo, longtime leader of the Federalist Society, and by the Koch network headed by billionaire Charles Koch. Leo is widely believed to be the principle architect behind the right wing’s takeover of a majority on the Supreme Court.

Trump invoked the International Emergency Economic Powers Act of 1977. IEEPA is normally used by a President to impose sanctions against foreign governments or terrorists, or in response to national emergencies. This is the first time IEEPA has been used to impose broad tariffs and no actual economic emergency existed until invoking the tariffs sent markets into tailspins.

The lawsuit highlights inconsistencies in Trump’s statements which undercut his claim to emergency authority. To activate IEEPA, Trump declared an emergency connected with illegal opioids entering the country. However, he has made public comments indicating his actual aims are reducing trade deficits and boosting government revenue. These goals have nothing to do with the reason given for declaring an emergency.

To have standing, the lawsuit needs to include at least one plaintiff in line to be harmed by the tariffs. Toward that end, the lawsuit names Simplified, a small stationery company in Florida. The tariffs present the company with competitive disadvantages, reduced profits, higher prices, and possible job cuts.

The lawsuit may go all the way to the Supreme Court before final resolution. A ruling against Trump would reassert Congressional power to impose or remove tariffs and provide wide-ranging relief by lifting broad tariffs Trump imposed. A ruling in support of Trump would diminish Congressional power, expand Presidential power and leave the economy subject to the volatility it has been experiencing as Trump announces, changes and sometimes lifts tariffs abruptly and without apparent provocation.

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